Analysis On Data Protection System Of Drug Test

As an important respect of intellectual property protection, pharmaceuticals have increasingly become the problem on which developed countries and developing countries focus. Article 3, 39 th provision of TRIPS Agreement clearly stipulates protection provided for pharmaceutical test data, which provides strong support for the intellectual property protection of pharmaceuticals. However, the stipulation of the agreement is only the lowest standard of data protection. Member countries of WTO can develop concrete protection measures according to the development situation of domestic pharmaceutical industry.This paper introduces the origin of protection system of pharmaceutical test data and analyzes legal elements in article 3, 39 th provision of TRIPS Agreement such as new chemical entity(NCE), undisclosed, unfair commercial exploitation and considerable effort. On the basis of situation of protection for domestic pharmaceutical test data, the paper offers proposals for the concrete implementation of domestic pharmaceutical test data protection.Structurally, the paper consists of the following parts:Chapter I: Pharmaceutical test data protectionChapter II: Pharmaceutical test data protection in TRIPS AgreementChapter III: Thought on pharmaceutical test data protectionAccording to above analysis, it is concluded that the government should develop concrete protection measures for pharmaceutical test data of domestic pharmaceutical industry under the framework of TRIPS Agreement on the basis of development situation of pharmaceutical industry.